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(영문) 부산지방법원 2017.02.01 2016고단7538
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on August 8, 2006, a fine of one million won for the same crime in the same court on January 2, 2008, and a summary order of seven million won for the same crime in the same court on August 6, 2013, respectively.

On November 6, 2016, the Defendant driven CBV 125CC at a section of about 20 meters up to 20 meters prior to water supply, while under the influence of alcohol content of 0.143% in blood, the Defendant driven CBV 125CC under the influence of alcohol content of 0.143% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment thereto) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no criminal record of the same kind exceeding a fine, the fact that the crime is recognized and the fact that the mistake is repented in depth);

1. An order to observe and attend protection and observation courses under Article 62-2 of the Criminal Act;

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